The role of the Victims’ Commissioner
Purpose:
Section 49 of the Domestic Violence, Crime and Victims Act
2004 prescribes that the Commissioner must:
- promote
the interests of victims and witnesses;
- encourage
good practice in their treatment; and
- keep under review the operation of
the Code of Practice for Victims of Crime (Victims’ Code) at a national
level.
The Commissioner may, for
any purpose connected with the performance of their duties as above, make
proposals to the Secretary of State for Justice for amending the Victims’ Code
(at the request of the Secretary of State for Justice or on their own
initiative); make a report to the Secretary of State for Justice; make
recommendations to an authority within their remit and consult any person they
think appropriate. The
Commissioner is required to produce and publish an annual report on performance
to the Secretary of State for Justice, the Attorney General and the Home
Secretary, and to give advice to a Minister of the Crown or the Treasury when
required to do so.
The Victims and Prisoners
Bill sets out changes to strengthen the role of the Victims’ Commissioner, including
making them a statutory consultee and requiring closer collaboration with and
from criminal justice agencies and government departments. This sits within a
landscape where the voices of victims are better heard and victims of crime are
better supported to address the long term challenge of victim confidence in the
criminal justice system. It is envisaged that the Victims’ Commissioner will
have a crucial role in driving forward improvements in the criminal justice
system, utilising the new Bill mechanisms for monitoring and enhancing
compliance with the Victims’ Code, as well as representing and amplifying the
voice of victims.
Key Responsibilities:
Leadership
·
Acting as the key
government advisor to promote the interests of victims and witnesses,
encouraging good practice in their treatment, providing national leadership and
raising awareness of victims’ issues.
·
Highlighting and
promoting the needs of victims of crime across various sectors and
Commissioners, to ensure they are best able cope with and, as far as possible,
recover from the effects of crime and engage with the criminal justice system.
Partnership Working
·
Develop
wide-ranging and strategic working relationships with a number of stakeholders,
including individuals and organisations, victims of crime, criminal justice
agencies, criminal justice inspectorates, service providers, third sector
organisations, as well as the media.
·
Whilst noting the
independence of the role, the Victims’ Commissioner will be expected to develop
an effective relationship with the Secretary of State for Justice, junior
Ministers and policy officials from across government. They will also be
required to give evidence to parliamentary committees and provide expert advice
as and when required.
· The Commissioner will need to work particularly
closely with Commissioners across government, such as the Children’s
Commissioner, Domestic Abuse Commissioner and Independent
Anti-Slavery Commissioner, and will need
to work in partnership with other organisations when this would deliver the
most effective results.
· Identifying and actively promoting examples of good
practice and in doing so make proposals to the Secretary of State for Justice in
respect of the Victims’ Code (at the request of the Secretary of State or on
their own initiative); make reports to the Secretary of State; and make
recommendations at any time and to any authority within their remit and consult
any person they think appropriate.
·
The Commissioner
will work with Police and Crime Commissioners in their role of overseeing the
operation of the Victims’ Code at a local level and may utilise data and
mechanisms at their disposal to assist in their role of overseeing operation of
the Code at a national level.
Management and
Accountability
·
The Commissioner
must prepare in respect of each calendar year a report on the carrying out of
the functions of the Commissioner during the year sending a copy to the
Secretary of State for Justice, the Attorney General, and the Home Secretary.
The Commissioner must also lay their annual report before Parliament.
·
Lead a team of
staff (civil servants), who will support the Commissioner in their duties.
·
The Commissioner
will be required to meet regularly with the Secretary of State for Justice and
other Ministers responsible for victims’ issues, including attendance at
regular meetings and chairing the Victim and Witness Advisory Group.
Other Specific
Responsibilities
·
Gain first-hand
knowledge and understanding of the victims’ landscape.
·
The Victims’
Commissioner will not act in relation to individual cases, although they may
use the lessons of an individual case to inform their work.
·
The Victims’
Commissioner will not commission, provide or fund services. The
responsibilities of the Victims’ Commissioner may be revised during the course
of the appointment, in particular as a result of changes to the powers as
prescribed under the legislation.